The Ohio Democrat. (Logan, O. [Ohio]) 1886-1906, 1887-10-15
LAW roR TRAvElERs.
Delays and Detcntions For which Dams ges
May I3e Collected.

We can all recollect occasions when
we have sworn eternal vengeance
against some railway company for
landing us at our destination an hour
or two late, or for stopping us at little
wayside station through dreary cycle
Of time We forget all about it after
good square meal.
There are many occasions, doubtless,
when the company would be liable to
us for nominal damages for failing to
carry us according to the timetable;
for the publication OF timetable is
public profession to carry you accord-
ing to its tcrms.-4 Exch. 367.
But it is seldom that passenger can
recover more than nominal damages
and 1t Is not every case which will
warrant the giving of nominal dam
ages-for the publication of time
table is not an unconditional engage
ment to have the trains arrive and
depart precisely at the appointed
moment. .-52 N. II. 596.
If you have purchased ticket by
steamer sailing at an appointed time,
and it fails to carry you, your items of
damage would be the price of your
ticket provided you have paid in ad-
vance--the expense of waiting for
another vessel to sail, and the price of
your ticket on the other vessel. 1t is
paying you to ride, and giving you food
and lodging in the bargain.-1 Abb.
Adm. r. 80. n
And SO. if a passenger is taken sick
during detention, it is said to be
properfo for him to receive his expenses in
the meanwhile, and also the expenses
of the illness. both during the detention
and following it.-2S N. Y. 217.
More explicitly, the legitimate items
of damage are the expenses to which
you are directly or indirectly put, and
the value of the time you directly or in
directly lose by reason Of detention
which is the result Of the carriers breach
of duty or negligence. For a detention
resulting otherwise you are not entitled
to any damages. Id.
For no company is responsible for a
want of punctuality not attributable to
its negligence. N. H. 500.
If lost time is an item of damage, you
can not collect fancy price which you
,1ay set upon your time; but its value
must be proved with reasonable cer-
tainty, as we shall see when we come
to the question of damages for injuries
to the personals N. Y. 391.
1t should go without saying that you
are only entitled to actual damages
unless you can show that the delay or
neglect to carry you as agreed is willful
or malicious. Cal. 1888.
1t is meant that you are not entitled
to punative or exemplary damages
something over and above the damage
to you in dollars and cents. In the old
fashioned vernacularit is called "smart
money. 80 Am. Law Reg. U. S. $40.
A passenger bound for California,
expecting to find position there to
work at his trade or avocation, and
who might be delayed week by fault
of ttiile rail, could show the rate of wages
earned there by persons of the same
trade; but such rate would not be con-
elusive as to the value of his week 8
time; he might not find employment at
once, and the jury should take this
uncertainty into account,-1 Cal. 1888.
But it has been held when the claim
ant offers no evidence as to the value
of lost time, the jury is not precluded
from giving him such compensation
therefor as they may think reasonable.
"a How. Pr. IN. Y.)144.
If II belated passenger is drawing a
regular salary, or is under engagement
to enter service ut stipulated wages, tho
sum he would have received during the
lost time is the measure of his damages
in that respect. N. Y. 631.
A partner in mercantile house,
whose salary is his share of the profits,
may prove the nature of his business.
its extent, etc., and the time he was
prevented from attending to it's
Wend. IN. ~ 1926. f&
But if loss of profits is sought. tho
business must be of such nature as to
allow the loss to be fixed with reasona-
BILE certainty.-5S N. Y. 391.
For an ordinary commercial business
is too uncertain and dependent OH the
exigencies of trade to ascertain what
the profits would have been had man
been carried through in time and
enabled to attend to it'd.
A physician or lawyer might collect
any loss which should occur through
being prevented from attending to the
wants Of patients or clients; but he
must prove the loss with certainty.-7l
Ill. 391.
An Illinois physician once on timo
calculated to visit patient at the next
station. but the train failed to stop for
him. He would have had to wait five
or six hours for the next train, so he
walked. 1t was held that he was not
entitled to damages. for the injury to
his health which resulted. Id !
The journey was not the necessary
result of his being left on the train, but
was risk he incurred himself He
recovered only nominal damages.
IN. r. Bly,, IN a. B. @. Pathfinder
i b a.